Documents

This LTN outlines the requirement to carry out Disclosure and Barring Service (DBS) checks to monitor the suitability of individuals who work with children and vulnerable adults. It also explains the requirement to maintain lists of individuals who work with children and vulnerable adults.

• Legal Topic Note 86: The Disclosure and Barring Service revised October 2013 (PDF, 97 Kb)

This LTN explains the rights afforded to local councils under the Localism Act 2011 to nominate an asset of community value to be added to a list maintained by their principal authority. An asset of community value may include, for example, a community centre, village shop, tennis courts or a pub.

• Legal Topic Note 85: The Community Right to Nominate and Bid for Assets of Community Value (England) revised September 2015 (PDF, 73 Kb)

This LTN explains the 'Community Right to Challenge' which allows local councils (amongst others) to declare an interest in running a service normally provided by a principal authority

• Legal Topic Note 84: The Community Right to Challenge (England) revised January 2013 (PDF, 90 Kb)

This LTN considers the implications of the Localism Act 2011 for shaping development in the community through neighbourhood planning. It covers all aspects of the process including designating the neighbourhood plan area, submitting the proposal, the role of the local planning authority and independent examiner and referendums.

• Legal Topic Note 83: Neighbourhood Planning revised June 2012 (PDF, 105 Kb)

This LTN describes the circumstances in which a local council may compulsorily purchase land and the procedure for doing so. Updated Jan 2018

• Legal Topic Note 82: Compulsary Puchase Orders revised January 2018 (PDF, 120 Kb)

This LTN uses caselaw to provide guidance on how decision makers such as local councillors should avoid bias and pre-determination.

• Legal Topic Note 81: Pre-Determination revised August 2014 (PDF, 124 Kb)

This LTN gives an overview of the law relating to public rights of way. It explains what they are, how they are created and covers issues particular to local councils. Also refer to LTN47 - Easements and LTN57 - Easements over common land and village greens.

• Legal Topic Note 77: Public Rights of Way revised June 2014 (PDF, 77 Kb)

This LTN explains the requirements to display energy use certificates in council buildings which are open to the public having a floor area of over 250m2.

• Legal Topic Note 76: Energy Performance Requirements revised March 2023 (PDF, 176 Kb)

This LTN explains the information which should be included in a lease and the process to follow in drafting a lease including professional advice. It goes on to advise on rent reviews, repairing obligations and insurance.

• Legal Topic Note 75: Lease Negotiations revised July 2012 (PDF, 149 Kb)

This LTN explains the process for a local council to change its style (e.g. parish, town, community or village council) and refers to all relevant legislation.

• Legal Topic Note 74: Alternative Names and Styles for Parish Councils revised July 2008 (PDF, 34 Kb)

This LTN considers the use of community governance reviews to create, abolish, alter or group parish councils.

• Legal Topic Note 73: Community Governance Reviews revised July 2015 (PDF, 84 Kb)

This LTN explains the legislative powers of the highways authority to carry out works to the highway including traffic calming and signage.

• Legal Topic Note 72: Highways revised July 2012 (PDF, 51 Kb)

This LTN covers the two separate and mutually exclusive sets of statutory provisions which govern the naming and numbering of streets in England.

• Legal Topic Note 71: Naming and Numbering of Streets revised November 2007 (PDF, 33 Kb)

This LTN gives an overview of the powers of principal authorities so parish councils can make representations with regard to the environment and the appearance of the local environment. Includes vehicles on the road, abandoned vehicles, graffiti and fly posting, noise and lighting.

• Legal Topic Note 70: The Local Environment revised September 2017 (PDF, 53 Kb)

This LTN gives an overview of provisions to enable local councils to make representations regarding anti-social behaviour following the introduction of the Anti-social Behaviour, Crime and Policing Act 2014.

• Legal Topic Note 69: Anti Social Behaviour and Harrassment revised July 2016 (PDF, 62 Kb)

This LTN explains the legal terms related to negligence including 'duty of care', 'breach of duty' and 'causation'. It also covers the importance for local councils to hold public liability insurance.

• Legal Topic Note 68: Negligence revised February 2017 (PDF, 54 Kb)

This LTN gives an overview of a civil wrong ( a tort) i.e. private nuisance with reference to the relevant legislation.

• Legal Topic Note 67: Nuisance (Private) revised October 2014 (PDF, 53 Kb)

This LTN concerns statutory and public nuisance under the Environmental Protection Act 1990. (Note that nuisance defined as private is covered in LTN67)

• Legal Topic Note 66: Nuisance (Public and Statutory) revised August 2014 (PDF, 47 Kb)